Jason J. Annibale
Associate

Toronto

Tel: 416.865.7912
Fax: 416.865.7048

Email:  jason.annibale@mcmillan.ca

Professional Experience Jason is the co-leader of McMillan's construction litigation team and aboriginal law group. He routinely represents owners, mortgagees, general contractors and others in the construction pyramid and assists McMillan's project finance team and P3 practice group in providing strategic advice to sponsors and project entities.

Jason also provides strategic advice and representation to corporations, educational institutions, governmental bodies and others in relation to aboriginal law issues.

Jason's litigation practice includes other diverse areas of law and expertise including corporate litigation, product liability, real estate, transportation, and environmental litigation.

Through his work for insurance companies, Jason has also developed expertise in defending architects, engineers, surveyors and accountants against professional negligence claims. He also has extensive experience in defending railways against personal injury claims.

Jason has argued at all levels of Court in Ontario. He has also appeared before various committees and tribunals including the Committee of Adjustments, the Ontario Municipal Board, the Ontario Assessment Review Board and the Ontario Rental Housing Tribunal.
Representative Transactions

  • Defended the North American consulting arm of an international automotive manufacturer against numerous lien claimants and obtained judgment on a cross-claim against a design builder in relation to the negligent design, manufacture, and installation of recuperative thermal oxidizer systems supporting a paint line for a body and bumper manufacturing plant.
  • Defended a Crown agent against numerous lien claimants in a complex, multi-party suit in relation to two large development projects respecting the construction of a court house and a government office building housing tribunal hearing rooms.
  • Defended a Crown corporation's competitive bid selection process in relation to the construction of a world-class aquarium against allegations of unfairness, conflict of interest and bad faith.
  • Represented an international energy corporation in a product liability claim respecting the premature disintegration of piping product in a geothermal loop system.
  • Defended a truss component designer from a series of complex, multi-party design defect and negligence claims respecting the collapse of barn roofing systems across southern Ontario.
  • Represented a national gaming and entertainment company in a product liability claim respecting complex and numerous roof-top heating, ventilation, and air-conditioning units servicing gaming floor areas.
  • Defended a Crown agent against applicants challenging a performed environmental assessment under the Class Environmental Assessment for Realty Group Activities and the Environmental Assessment Act.
  • Defended a First Nation consultation process performed by a Crown agent on behalf of the Government of Ontario.
  • Represented an educational institution in a matter involving the custody and handling of aboriginal remains.
  • Obtained one of the highest costs awards ever granted to a Canadian government for an application hearing.
  • Represented a mining company with operations in South America in relation to an internet defamation matter and obtained information respecting the identities behind assumed usernames from a third party chat room and bullboard host.
  • Conducted the defence of a major Canadian railway against the cross-claim of a co-defendant where a child-plaintiff claimed for the loss of his legs after falling off a slow-moving train.  
  • Procured an injunction against an organization of independent trucking companies against interfering with the business operations of a terminal of a major Canadian railway. Also co-ordinated the co-operation of the Sheriff and the Peel Regional Police in enforcing the injunctive order.

Publications/Presentations
June 2010
Construction Law in Canada
Leonard Richetti and Timothy J. Murphy (co-authors): Book, published by LexisNexis
May 2010
Judicial Review - Another Weapon to Challenge Government Tendering Decisions?
Projects and Construction Litigation Bulletin
March 2010
Trust Me! – Ontario Court of Appeal expands pool of trust beneficiaries under the Construction Lien Act
Construction Litigation Bulletin
February 2010
Exposing the Mess Swept Under the Rug: Supreme Court of Canada Orders Damages for Breach of Tendering Contract
Construction Litigation Bulletin




Canadian Bar Association

Ontario Bar Association (Construction Law Section)

Advocates' Society

Canadian Construction Association

Toronto Construction Association

Mississauga Construction Association

Canadian Design Build Institute

Council of Ontario Construction Associations (COCA)

Building Industry and Land Development Association (BILD)

DRI (Defence Research Institute)


Called to the Ontario bar - 2002

McGill University, LLB - 2000

Queen's University, BA (Hons.) - 1997